09-138 KCI Environmental, Inc10/23!2009 13:15 8057864253 KCI ENV PAGE 02/04
AGREEMENT
3 ~l CITY OF CUPERTINO
10300 Tout; Avenue
Gupertino, (:A 95014
408-777-3200 NO. ~%~ ~6 ~_ a
8Y THIS AGREEMENT, made and entered into this I day of 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and KC~rtvironmental, Inc_, Tom Pollic, Address 207 Suburban
Road ~6, PO Box 3307, San Luis Obispo, CA, 93x103, Phone: 805-543-331#, a-mail tome@kcienv.com.
(Hereinafter referred as CONTRACTOR}, in consideration of their mutual covenants, the parties hereto agree as
follows;
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Install Landscaping in Caltrsns R-O-W on the South End of Mary Avenue Bieycla Footbridge
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Plan marked Exhibit "A''
TERMS: The services and/or materials furnished under this .Agreement shall commence on October 26, 2008
and shalt be completed before December 1, 2009_
COMPENSATION: for the full performance of this Agreement, CITY shat! pay CONTRACTOR:
Lump Sum not to exceed Of $23,650.00
Celifomia l.ebor Code, Section 1771 requires [he payment of prevailing wages to all workers employed on a Public Works Contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its ~stficers, agents end employees from any and alt damage and liability due
to negligence, errors end omissions, including e!I costs of defending any cl2iim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described he~~ein.
Insurance. Should the City rcauire evidence of insurabllhy, Contractor shall file with Clty a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Diocrimtnatfion. No discrimination shall be made in the employmen: of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relatlonShip of master
and servant exists between City and undersigned. At alt times, Contractor shall bs deemed to be an Independent contractor and Contractor is not
authorized !o bind iha City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial in#erest under this Agreement is an officer or employee of Ciiy.
Chengos. Trlls Agreement shall not t>C assigned or transferred without the written consent of the Clty. No changes or variations of any kintl are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY ;>hafl be:
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first wr9tten above.
CONTRACTOR: CI ~~~ ~ntal Inc CITY OF/~UPERTINO:
Title Pres.ider~t Curt: Boutwell F' r,' Terry W. Greene, AIA, Cit Architect
Tax I_D. # 11-~b5b4~A~
APPROVALS E XPt=N DITIlRIE N
T H D r~ r .F
~ T &9449-9 0 $23,650.00
CITY K ~~~ ;, DA ~ ,_ a 3 _ L, ~ ~
~~- - ~ ~~~
10f23f2009 13:15 8057864253 KCI ENV PAGE 03f04
~ ~ ~~~ .~
~~~ ~
.~~
~~. ~~
b ~ -~ ~ ~~
~~ ~ -~
~f'j~~~l~ ~~~ try ~' ~~,, ,`'~.. ~ ~
•,.
~~, ` rrt,. .. ~ i '.
(y~,,Lj~ -may:. t•~.(~.,.;C~~ a. ~, ~.,
1 -~ ..- -
~ 9; ~~ ,R~ ~, ~ , iii ~ _ . '-6~ ,. I r`~ ` .-------
~~.
,..
.... _ ..
,._ ..
:.
~^ , ..
r' / ln, 1.818 - ~ ~ -, . . ~ s _~ n .-~ ,,...,.- .. _ - -_ ~;::,.., .. ~ -- - -~ m '
.. ;
ti
i ~ _
.. - ..
-'~ _ ~° '
esh-:--%' 3:31 tit ~~?,; ~ ~ -'~' `.1--^%' ~.. ~ ~ v._.
f
~ ~ j~ 'y
~_ fir'' ~.~a~ ~r7~' ~"xt'~<Er'`T~ ~ 6 ~ ~ ~ ~ ~
1
-~~.~ ~ ;~U,~~~ ~,~ ~ rr'!' Y.T. ~ r `~ ~~ s~/i"' ~
r~ 1~~~ e~„ ~ ~~ ~~1 ~~G~~4 G/Ol'~°I CG1 r'~'J emu. ~C,.~t ~. ~.
~ ~
~~t-' E ~ -~__